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__..._-___—_. ,...—.�...—»-�.�T-....-........r.---^..--.—.-. ."mnmud?%rh mnnRa7,e}d+We:.•., ,-..=a. .;n:,.,_.. <br /> -oq� <br /> a, <br /> 1876 <br /> KEN SALAZAR STATE OF COEORADO STATE SERVICES BUILDING <br /> Attorney General 1525 Sherman Street-5th Floor <br /> )DEPARTMENT OF LAW Denver Colorado 80203 <br /> 13ARRAPA MCDONNELL Phone�303)866-4500 <br /> Chief Deputy Attorney General OFFICE OF THE ATTORNEY GENERAL FAX 303)866-5691 <br /> MICHAEL E.MCLACULAN <br /> Solicitor General <br /> May 12, 1999 <br /> Geoffrey Anderson <br /> Plaza Tower, Suite 1030 <br /> 6400 South fiddlers Green Circle <br /> Englewood, CO 80111 <br /> RE: Comments on draft settlement agreement;BCl[`C" of Pitkin out, a al v MCR-and <br /> C'ociitors' T stee v.Tam=(97CV 131-1). <br /> Dear Geoffrey: <br /> I have reviewed the draft settlement agreement you faxed to me on April 28, 1999. <br /> As you are aware, several Division members have been out of the office. However, the <br /> Division continued to have discussions with the Colorado Department of Public Health and <br /> Environment regarding storm water issues. The outcome of those conversations is included <br /> in this letter. Tie following are my initial comments and suggested changes to the draft <br /> agreerent. A final draft of the agreement must be revie-,ved by the Deputy of may section and <br /> the Mined Land Reclamation Board prior to approval of the agreement. <br /> Page ,under RECITALS <br /> 1~: In the first line it should be"Pitkin County" and not"plaintiffs." <br /> G: After third line, add"DMG raised several affirmative defenses to MCR's, <br /> the Trustee's and MidCon's claims and asserted a counterclaim against the Trustee." <br /> H: After sentence, add"DMG disagrees with the third-party assertions <br /> concerning its reclamation at Coal Basin." <br /> I: At the end of the second line, add"less certain credits." <br /> J: Second line should read"Mined" rather than"Mind." <br /> ZO'd OV:ZT 66, Zt 6QW SSS2998S0i:xpd <br />